MODERN AWARDS – award modernisation – Sch. 6, Item 4 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – application by Australian Broadcasting Corporation (ABC) for modern enterprise award to replace ABC-CPSU Award 2000, ABC Journalists and Reporters Award 2000, and Actors (ABC Radio and Television) Award 2000 (Current Enterprise Awards) – application supported by the Community and Public Sector Union (CPSU) and Media, Entertainment and Arts Alliance (MEAA) – approach in Prime Minister for the Public Service adopted – ABC’s industrial arrangements had long and distinct history weighing in favour of making modern enterprise award – applicants submitted no single award would, but for Proposed Award, cover all employees covered by Current Enterprise Awards – coverage by multiple modern awards would lead to difficulties in enterprise bargaining – might also lead to unnecessary fragmentation of award safety net and failure to achieve modern awards objective – apparent from history of industrial arrangements that content of various industry specific modern awards did not reflect needs, terms and conditions of employees – Current Enterprise Awards provided base terms and conditions suited and adapted to applicant’s operations – Full Bench found ABC was unique organisation – no convenient alternative award – Current Enterprise Awards, once consolidated and modernised, remained most suitable vehicle for fair and relevant minimum safety net into future – Full Bench held modern enterprise award should be made. Australian Broadcasting Corporation Enterprise Award 2016
…
